19 U.S. Code § 2319 - Definitions

(1)The term “adversely affected employment” means employment in a firm, if workers of such firm are eligible to apply for adjustment assistance under this part.

(2)The term “adversely affected worker” means an individual who, because of lack of work in adversely affected employment, has been totally or partially separated from such employment.

(3)The term “firm” means—

(A)a firm, including an agricultural firm or service sector firm; or

(B)an appropriate subdivision thereof.

(4)The term “average weekly wage” means one-thirteenth of the total wages paid to an individual in the high quarter. For purposes of this computation, the high quarter shall be that quarter in which the individual’s total wages were highest among the first 4 of the last 5 completed calendar quarters immediately before the quarter in which occurs the week with respect to which the computation is made. Such week shall be the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary.

(5)The term “average weekly hours” means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been separated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sentence of paragraph (4).

(6)The term “partial separation” means, with respect to an individual who has not been totally separated, that he has had—

(A)his hours of work reduced to 80 percent or less of his average weekly hours in adversely affected employment, and

(B)his wages reduced to 80 percent or less of his average weekly wage in such adversely affected employment.

(7)The term “State” includes the District of Columbia and the Commonwealth of Puerto Rico; and the term “United States” when used in the geographical sense includes such Commonwealth.

(8)The term “State agency” means the agency of the State which administers the State law.

(9)The term “State law” means the unemployment insurance law of the State approved by the Secretary of Labor under section
3304 of title
26.

(10)The term “total separation” means the layoff or severance of an individual from employment with a firm in which adversely affected employment exists.

(11)The term “unemployment insurance” means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including chapter
85 of title
5 and the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.]. The terms “regular compensation”, “additional compensation”, and “extended compensation” have the same respective meanings that are given them in section 205(2), (3), and (4) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

(12)The term “week” means a week as defined in the applicable State law.

(13)The term “week of unemployment” means a week of total, part-total, or partial unemployment as determined under the applicable State law or Federal unemployment insurance law.

(14)The term “benefit period” means, with respect to an individual—

(A)the benefit year and any ensuing period, as determined under applicable State law, during which the individual is eligible for regular compensation, additional compensation, or extended compensation, or

(B)the equivalent to such a benefit year or ensuing period provided for under the applicable Federal unemployment insurance law.

(15)The term “on-the-job training” means training provided by an employer to an individual who is employed by the employer.

(B)The term “job search workshop” means a short (1 to 3 days) seminar designed to provide participants with knowledge that will enable the participants to find jobs. Subjects are not limited to, but should include, labor market information, resume writing, interviewing techniques, and techniques for finding job openings.

(C)The term “job finding club” means a job search workshop which includes a period (1 to 2 weeks) of structured, supervised activity in which participants attempt to obtain jobs.

(17)The term “service sector firm” means a firm engaged in the business of supplying services.

For reversion, beginning on Jan. 1, 2014, to provisions in effect on Feb. 13, 2011, with certain exceptions and subject to section 233(b) ofPub. L. 112–40, see Codification and Effective and Termination Dates of 2011 Revival notes below.

References in Text

The Railroad Unemployment Insurance Act, referred to in par. (11), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section
367 of Title
45 and Tables.

Pars. (7) to (19). Pub. L. 112–40, §§ 211(b)(2), (3),
233, temporarily redesignated pars. (8) to (19) as (7) to (18), respectively, and temporarily struck out former par. (7) which read as follows: “The term ‘public agency’ means a department or agency of a State or local government or of the Federal Government, or a subdivision thereof.” See Codification note above and Effective and Termination Dates of 2011 Revival note below.

2009—Par. (1). Pub. L. 111–5, §§ 1801(a)(1),
1893, temporarily struck out “or appropriate subdivision of a firm” after “employment in a firm” and “or subdivision” after “workers of such firm”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Par. (14). Pub. L. 97–35, § 2511(3), substituted provisions requiring determination under the applicable State law or Federal unemployment insurance law for provisions requiring computation applying percent of average weekly wage and time spent prior to separation.

For temporary revival and applicability of provisions as in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 ofPub. L. 112–40, set out as notes preceding section
2271 of this title. For reversion, beginning on Jan. 1, 2014, to provisions in effect on Feb. 13, 2011, with certain exceptions and subject to section 233(b) ofPub. L. 112–40, see section 233 ofPub. L. 112–40, set out as a note preceding section
2271 of this title.

Effective and Termination Dates of 2009 Amendment

Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 ofPub. L. 111–5, set out as a note under section
2271 of this title.

Section 1893 ofPub. L. 111–5, which provided that, except as otherwise provided, amendment by Pub. L. 111–5not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a),Oct. 21, 2011, 125 Stat. 403. See Codification note above.

Effective Date of 1981 Amendment and Transition Provisions

Amendment by Pub. L. 97–35applicable to allowances payable for weeks of unemployment which begin after Sept. 30, 1981, with transition provisions applicable, see section 2514 ofPub. L. 97–35, set out as a note under section
2291 of this title.

Termination Date

No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Dec. 31, 2013, except as otherwise provided, see section 285 ofPub. L. 93–618, set out as a note preceding section
2271 of this title.

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